A revised points system for driving violations in New York state that has gone into effect in recent weeks doesn’t target truck drivers, but a regional attorney is warning that drivers of those vehicles are at significant risk of being caught up in the more stringent regulatory agenda. In a recent blog post on his law firm’s website, Adam Rosenblum with the New York area-based Rosenblum Law Firm, summed up the tougher landscape. “New York’s overhaul is not a minor policy tweak — it is the most aggressive tightening of driving penalties the state has ever implemented,” he wrote.
” In an interview with FreightWave, Rosenblum stressed that the rules are the same for truck drivers and automobile drivers. But given the sheer amount of time a truck driver spends on the road, and the drastic impact of a truck driver having their livelihood put at risk by a suspension, Rosenblum said truck drivers are more exposed to the new rules. Violations sticking around longer Rosenblum said one of the biggest changes in New York–which he described as having one of the most stringent regimes of any of the 50 states–is the extension of the “lookback” period to 24 months from 18 months.
The lookback period is defined as the length of time a violation stays on a driver’s total points violations. A total of 11 points results in a driver’s license suspension. “Imagine you got a ticket today that’s worth six points,” Rosenblum said.
” Under current law, the total sitting on the driver’s record would not be 11 points–which triggers a suspension–because in month 19, the five points incurred 18 months earlier would have disappeared from the driver’s record, so a suspension would not kick in. But with the added months in the “lookback” period, taking it up to 24 months, the two violations would be added together to total 11 points. And that brings in a suspension, Rosenblum said.
The changes in New York’s regulations came through a rulemaking process, not legislation. ” As far as opposition to the changes, Rosenblum was blunt. “I don’t know who would oppose it,” he said.
“Who’s going to stand up for the rights of drivers and say they shouldn’t have their licenses suspended that easily? ” More points for certain violations Rosenblum cited several recent changes in regulations that are part of the stricter regime. One of the biggest: speed violations in a construction zone.
He said New York regulations previously had a graduated series of points violations starting with three points for one to 10 miles mile per hour over the speed limit a construction zone, four points for 11 to 20 miles per hour, and 11 points–the license suspension trigger point–if a driver goes through a construction zone at more than 40 miles per hour over the speed limit. Under the new regulations, the speed doesn’t matter. Rosenblum said a violation at any speed will hit a driver with eight points, a good chunk of the road to the 11-point suspension trigger.
And given the longer look-back period, those points are sticking around for two years as opposed to 18 months. The duration of a license suspension varies, Rosenblum said, but added that an initial suspension could be 60 days. Driving history would be a consideration in determining the ultimate length of the suspension.
Rosenblum stressed that there is nothing in the recent series of New York changes that are specific to CDL holders. They are across the board for anybody behind the wheel of a motor vehicle. Watch out for those parkways But there is one regulation that would almost certainly affect only CDL holders: raising the number of points a driver gets for striking the top of a bridge.
That would likely be possible only for CDL holders driving on roads with limited height bridges, such as the Northern State or Southern State parkway on Long Island. Rosenblum said that unfortunate occurrence formerly carried zero points. Now, it will be eight.
And driving while intoxicated is now a full 11 points, as is driving with a suspended license (formally known as aggravated licensed operation). With the 11 points, the suspension is guaranteed. Will a driver know where they stand on the road to 11 points?
Rosenblum wasn’t so sure. The ticket issued by a police officer will not show the number of points or the size of a minimum fine, he said. That could partly be because some of the fines are up to the discretion of a judge.
But it would be possible for the ticket to list information on the range of fines, Rosenblum said. Points that are applied to a driver are not subject to the discretion of a judge, so that figure could be added to a ticket automatically. But at present, they are not.
An online account with the New York Department of Motor Vehicles can be created for a small fee that allows a driver to go online and see where they stand on the road to the 11 point trigger, Rosenblum said. The higher point totals for violation also can have an impact on a “driver responsibility assessment” if that driver is subject to that regulation. ” The DMV’s website gives no indication the 18 month period has changed along with the increase in the lookback period.
Rosenblum said the fee under the assessment now is 6 points resulting in a $100/year fine for 3 years. For every point above six, it’s an additional $75 per year.
